What you need to know about Thai law
Many people assume that child custody issues only arise for married couples with children seeking divorce. While this is certainly generally the case, child custody can also apply to unmarried couples, so it is important to make sure that you know what your rights are under Thai law should custody issues arise for you.
The facts about child custody
There are two ways that child custody issues can be resolved. The first is by mutual agreement of the two parties, the second is decided by a court of law. The nature of a child custody dispute also depends on the marital status of the couple in question. Generally speaking, marriage grants the likelihood that both parties will be able to gain a relatively equal amount of responsibility for the children involved, and can both have access depending on what agreements or rulings are made. Unmarried couples on the other hand, have fewer options. By default, Thai law gives custody to the mother of the children. The father will be required to prove that the child is his prior to any custody disputes. This means that overall, married couples have a theoretically better position when it comes to resolving such disputes.
In Thailand today, divorce is on the increase, and as a result, so too are child custody battles. Knowing even the basics of where you stand legally in such a situation can be very valuable in helping to not only draw out proceedings but also help with making sure couples are clear on their options. Of course, all cases are different, but the preferable choice for both adults and children in such situations is to come to mutual agreement over access. Taking the custody battles to court should be kept as a last resort if at all possible. This is not always a possibility, as many divorces are caused by alcoholism, gambling or abuse problems, and such situations often require the involvement of the court to best judge the prospects of any children involved.
Alcoholism, abuse and gambling – How these affect custody rights
It is estimated that around 61% of Thai families currently have at least one member who struggles with alcoholism. More and more families are gambling, on the Lottery for example, and it is estimated that domestic and family abuse, whether directly related to these issues or not, is an ongoing issue that is on the rise. Those seeking custody rights will of course have a much stronger case if they are free from these vices, and the partner is not. If a child is in a dangerous or potentially dangerous environment, then the priority will be to ensure their safety and remove them from this environment as soon as possible. It is important to note that while Thai law can tend to favour the mother in custody cases, once the addition of vice or abuse in entered into the case, then the offending party, regardless of parental role, will have a difficult time winning a custody battle. Thailand is not alone in these problems of course, and as licensedprescriptions.com explain, domestic violence is on the rise in the US as well. As in many other countries, should both parents be incapable of providing a healthy family environment for children during a custody case, then a guardian may be appointed by the court. Custody battles can become lengthy and expensive, but if there are other considerations, such as abuse or gambling problems that are causing one partner, married or otherwise, to prevent a mutual agreement being reached, then a legal battle is often the best and only option to ensure a custody arrangement is reached that is in the best interest of the children involved.
Foreigners (Farang) and Child Custody
Thai law and courts pride themselves on impartiality, and foreigners involved with or considering a custody battle will not be treated any differently than a Thai national. Generally, getting good legal advice will be even more important for foreigners, as they may not be familiar with the subtleties and customs of Thai court. If these aspects are taken into consideration, then foreigners can expect to receive a fair and just case. Custody should always be tackled as soon as possible and not avoided for fear of not being a national, regardless of whether the parties are married or not. Overall, whether the party is a Thai national or an alien, being aware of custody options, how the legal framework operates, and ensuring you have the right legal team will go a long way to resolving custody battles as early as possible providing both parties are willing to co-operate for the duration.
Child Custody Dispute in Thailand – Summary
Whatever your child custody dispute needs, AAA legal services based in Bangkok, Thailand will advise you on the best course of action for you. We have more than thirty years experience solving our clients legal issues. Call us now or click the link below to share your legal problem with us in utmost confidentiality.
